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BEDOUIN SELF-DETERMINATION
Nuri El-Okbi's
Testimony in Arabic and in Hebrew
[See
the article in Ha-aretz on June 1, 2012
"Get ready for a Bedouin uprising
The destruction of the ‘illegal’ homes of 20,000 Bedouin families
will not help facilitate their resettlement in new places.
Nor will it transpire quietly. "]
Nuri Elokbi's Testimony in English
juxtaposed with Expert Opinions in Hebrew
Nuri's Report Introduction Representatives of the military government had been coming by every morning with summons ordering the sheikh to come to the governor's office in Beer Sheva or to his office near Elarakib. For four months, in all these meetings the military governor cajoled the sheikh to abandon his dwellings and go somewhere else. The sheikh asked, "Why should we be displaced, since we have become citizens of the state of Israel? We are on our land, and this is why we remained under Israeli rule!" His Honor picked up his pipe and announced with a smile as he blew smoke in every direction; "Your region is needed for military exercises for the next six months, and afterwards you can return to it. There are no grounds on which you can oppose this order'. The military governor acceded to the sheikh's request and had one of his representatives cribble a note to the effect that the Elokbi tribe will receive a large tract of land which they can farm during the current year until they are returned to their own land. The substitute lands they received actually belonged to other Bedouin farmers. I was 10 years old then, and I witnessed adult men sitting around a fire drinking coffee. One man was serving tea and coffee; the participants pondered how to react to the threatening development with the deep suspicion aroused by the military government dictating the agenda. Decisions reached at night would be reversed the next morning. The children lost their school before the expulsion. They played all day long, interrupted only by the sound of the approaching vehicles of the military governor and shots fired into the air, and sometimes directly at sheep and dogs, by military police. Days and months passed and the impending disaster was becoming real. Members of the tribe and its sheikhs were sure they would have to evacuate their lands. On the morning of November 13, 1951, army trucks came to move the household goods to the east. I glanced towards my family's garden - every time I see figs, pomegranates and grapes, I remember it - and the fall leaves were spinning in the wind, as if they were waving a final farewell to us.
Waiting for Justice Generation follows generation and we live in poverty and nothingness~~~ Generation after generation awaits justice, freedom and an end to racism. Over fifty years of exile in our own homeland. This is the story of the Elokbi tribe~~~ More than fifty years have passed that we have been robbed, usurped, tripped up, exploited and cheated, and we still wait for justice to be reclaimed. We await real justice: to live in a proper village planned especially for Arab Bedouin citizens in Elarakib.
Historical Background Up till 1948, the Elokbi tribe lived in two areas; Zhilika (the region of Moshav Talmey Bilu) and Elarakib (4 km south of Rahat). The land possessed and farmed by the Elokbi tribe who remained and became Israeli citizens was approx. 19,000 dunams. This was agricultural "Miri" land that could be easily entered in the land registsry ("Tabu"). The tribe lived on these lands from time immemorial, dwelling either in tents or in stone houses. Both the Turkish rule and the British Mandate recognized their ownership of the land. After the establishment of the state of Israel in 1948, those living in Zhilika left to Gaza, while those in Elarakib stayed put. The military government did not allow them to farm Elokbi land in Zhilika. The leaders of sixteen
Bedouin tribes met with the army officials in November 1948. The future
relations between the Bedouins and the state were discussed, and a treaty
was formulated which affirmed the rights of the Bedouin to their honor,
their land ("to plant and to harvest") and their weapons,
in exchange for their loyalty to the state. The Elokbi sheikh was the
first to sign this treaty.
The Swindle Before the 1951 planting season, without any logical or justifiable reason, the military government began with acts of intimidation and terror against the Elokbi tribe, demanding that they leave their homes and their land in Elarakib and move to the hura region. The head of the Elokbi tribe was summoned daily to the offices of the military governor adjacent to Kibbutz Shoval and to the Beer Sheva office where he suffered degradation and threats. Soldiers from the military government came
every day, shooting in the air or at the dogs, and sometimes at the
cattle. Indeed, on November 11, 1951, army trucks moved the tribe from the Elarakib region to the Hura region. The Hura region was defined as "Sayag", an area that cannot be entered or left without permission of the military government. In reality, the "promise" given by the representatives of the military government turned out to be a trick: a. The land the tribe received in Hura was much smaller than what it was uprooted from in Elarakib. b. The alternative land, which was supposedly given to the Elokbi tribe in Hura, actually belonged to other local Bedouin farmers, which made it impossible for them to make use of it. c. Living conditions in the Hura area were much worse than in Elarakib. For example, formerly, they had a school; here, there was none. The tribe's children did not go to school at all from 1951 until 1966, when the military government was abolished. There was no water supply in Hura, and the tribe had to rely on tankers, which did not meet their needs; thus, they had to endure years of water shortage. d. The return to Elarakib, which was supposed to take place within six months, has been blocked until this very day, and the tribe still lives in Hura, denied, all services, in the area allocated by the military government. e. The tribe's land in Elarakib, which has been held by the government since then till the present day, was farmed for a while by Mr. Shemesh, and is currently leased to other Bedouin tribes who farm it.
The Struggle for Land As soon as the tribe was exiled to Hura, Sheikh Elokbi began demanding from the military government to return to his home and his lands in Elarakib. He met with bureaucratic obstacles and empty promises. The military government tried to neutralize his demands and deflate his powers by denying him recognition as the Sheikh of the Elokbi tribe in 1952; his title was restored only in 1963. In 1954, after despairing of the bureaucratic runaround that was getting him nowhere, Elokbi decided to act on his own and return to his home in Elarakib. this got him arrested and his house in Elarakib totally demolished by the military government. These events also caused the military government to clarify its position in an unequivocal manner. The tribe was made to understand that they would not be able to ever return to their lands and that Hura would be their permanent habitation. That year, the land at their disposal there was also reduced to 5000 dunams to be farmed, and 1000 of pasture. In 1970-1971 (i.e., four years after the end of military government), the authorities further diminished the tribe's land to less than 1000 dunams, which were farmed by the three oldest farmers, under the claim that the rest of the tribe was under 40 years old and could be employed by Jews in agriculture and construction. The tribe pressed their land claims in the Negev land arrangements during the 1970's, but this process has still not been concluded to this day, neither for the Elokbi tribe nor for the Negev Bedouin in general. Sheikh Elokbi returned to his Elarakib land in 1973 and began to farm it. The Israel Land Authority (ILA) opposed this move and lengthy legal proceedings began. Elokbi discovered that his lands were considered to be absentee property. The ILA sued Elokbi for using state land. Only in 1979 did the parties reach a compromise in the district court under which Elokbi could farm 500 dunams as long as the land arrangement was not finalized. It should be pointed out that in some cases, when individual land owners have been willing to withdraw their claims for ownership in the land arrangement office, the state has reached a compromise (slanted in its favor, of course) on condition that those who hold more than 400 dunams are willing to forego 80% of their rights. However, this is generally not acceptable to most of the Bedouin landowners.
The Struggle for Decent Housing in Hura Parallel to the campaign to return to their land in El Arakib and to establish a village there, the El Ukbi tribe is also engaged in a difficult struggle concerning their homes and living conditions in Hura. Here is the paradoxical, unfathomable situation: the State of Israel, in an arbitrary and discriminatory act, moved the tribe by offering empty promisess and taking advantage of the tribe's trust in representatives of the Military Government, their ignorance in legal matters and their isolation from others under the rule of Military Government. As if that is not enough, the state has denied them decent living conditions for years on end, as well as the necessary services for which it is responsible. In 1954, when the military government made clear to El Ukbi tribe that hura would be their permanent habitation, the tribe began construction there. From 1954-1966, almost all of the Bedouin tents were replaced by buildings, with the authority's full knowledge and agreement. It should be understood that representatives of the military government visited the tribe's habitation in Hura on average once or twice a week during its entire duration. In those years, the tribe was dependent on permits from the military government for countless daily activities, be it travel outside of the "Sayag", entering the city and market of Beer Sheva, acquiring grain seeds or building materials, selling farm animals or purchasing agricultural machinery. Every significant act, and certainly construction, was under the watchful eye of the military government. Despite this, from 1966 and onwards, and especially since the conception of the plan for seven Bedouin towns in the Negev, the state of Israel has been harassing the tribe in Hura, ignoring their basic civil rights and undermining their attempts to independently upgrade their living conditions. The state has utilized all kinds of devices aimed at forcing the Elokbi tribe to move once more, essentially to a renewed exile; it has harshly employed the punitive demolition clauses in the Planning and Building Law of 1965; it makes delivery of most of the public services, including electricity, water and telephone connections conditional upon movingt to one of those seven towns planned by the authorities to house the entire Bedouin population. The state has greatly reduced, and finally basically eliminated the agricultural lands held by the Elokbi tribe. The government purposely stretches out the land arrangement process and does not deal with land claims that were submitted decades ago. The tribe faces dozens of judicial orders that command them to demolish, by their own hands, their "homes', shantis, tin shacks or cinderblock construction. In ADDITION TO HOME DEMOLITION, THE KINDERGARTEN RUN BY THE ASSOCIATION FOR THE SUPPORT AND DEFENCE OF BEDOUIN RIGHTS HAS BEEN UNDER A DEMOLITION ORDER FOR MANY YEARS Appeals for judicial aid, and even to the High Court of justice (Bagatz), an appeal that was submitted in 1988, have not been resolved, because of the policy to push the entire Bedouin population into the towns designated for the Bedouins, which greatly encroaches upon its necessary living space and undermines its culture. This policy stands in stark contrast to the policy of population dispersal that applies to Jewish citizens.
The Current Situation The Elokbi tribe is comprised of 1000 members in 130 families who live in smal, crowded houses under harsh conditions of high density. As mentioned above, these homes are considered to be illegally constructed and are under constant threat of demolition. A high percentage of the inhabitants have been fined high amounts of money and have been ordered to demolish their homes by their own hands. Most of the youth and the wage earners suffer from chronic unemployment, an entire generation that is poor, backward and thwarted. There is not a single state run kindergarten or school here, and there is no medical clinic. There are no electrical hook-ups or telephone connections, yet phone lines cross over the village and power lines surround it. In practice, the tribe, citizens of the state of Israel, does not receive the basic services that the state is required to give its citizens.
Plans for the Future The goal of the state of Israel is to move the Elokbi tribe from Hura and to concentrate them in one of the seven towns designated for the Bedouin that were established as part of the plan "to resettle" the Bedouin in the Negev. This solution is completely unacceptable to most of the tribe. From the time these Negev Bedouin towns were established, it is clear to all, to their inhabitants as well as to those who conceived of this plan, that not only do they not solve the problem of the Bedouin, citizens of this country, they rather worsen their problems to a significant degree. These towns suffer from unemployment, crime, violence and low standards of education, even while depriving their inhabitants of their traditional way of life. These towns hardly offer a real option of an honorable and safe alternative living. Rather, social phenomena that an upright, thoughtful citizenry would avoid pervade the cultural vacuum that is cerated there. The longstanding policy of deceiving, depriving and exploiting the Elokbi tribe is essentially a form of racism that violates the values of natural justice and equality that pertain to an enlightened democracy that Israel claims to be. In light of this situation, the tribe demands the right to establish a village in the Elarakib region from which it was expelled, ostensibly "for six months" in 1951. There are plans to establish a Bedouin village in this area, which were drawn up and approved by the Regional Council for Planning and Building. These plans were intended for the use of the Tarabin tribe who saw fit to turn them down. The Elokbi tribe is interested in realizing these plans, and has approached the appropriate authorities, so far , without a response. The Elokbi tribe stand upon their rights to live as free and equal citizens, to farm their land, earn their livelihood and build their homes without fear; to be full partners in the drawing up of plans and policy that determines their future. The tribe demands an end to the current situation in which the state of Israel perpetuates their status as citizens on the lowest rung of the ladder, plagued by poverty and social marginalization and dependent on welfare. The state rejects all their demands for full and constructive partnership, to live in housing that befits their traditions and life style, and to become productive and beneficial citizens. To achieve this goal, they decided in July 2001 to organize an ongoing, public, joint Arab-Jewish struggle, and to appeal to our fellow Israeli Jews to take part in our just cause.
Sharon's Government stole the Village None of the members of the Elokbi Tribe was against the Government's decision to plan a settlement in 1998-1999 for the Tarabin a-Sana Tribe on Elarakib land, the historical place of the Elokbi Tribe. The Tarabin tribe are our brothers and suffered from the Government's cruelty. They were also evicted from their land in 1951, like us, and where they were living in the Sheneck area near Ofakim they were also told that their "transfer" was only temporary. The Military Governor used the same deceitful
reason when he evicted the Bedouin tribes from
Not ony Racism but also a Swindle Days even years have flown by, Elokbi had no rest, but there was a great deal of hope, that
Not only a Swindle but Racism as well On 14.11.02 a small advert was put in the local paper, in the smallest of letters, and you could understand from it that the Regional Planning and Building Committee wanted to cancel the plan for a settlement for the Bedouin population and instead in the same place put up a village for Jews only. The minutes of the meeting of the regional committee speak explicitly of taking the settlement designated and planned for the Bedouin population, which needs it more, and turning it into a settlement for Jewish citizens even though there are plenty of half empty settlements.
Objection to the Planning Change that would give the Bedouin Village of Elarakib over to Jewish Settlers We only had 30 days to submit our objection to the proposed...
"A tale of a Protocol" Getting hold of the minutes of the Regional Planning and Building Committee's meeting of October 14, 2002 was an arduous task: the committee's staff were determined to keep me from having access to "the secret". They claimed...
The Minutes of the Regional
Planning and Building Committee, Southern District, The district Supervisor: 'Here's our situation: the plan under discussion which is on our agenda is a vacant plan - there is no population that is designated for it [this is patently untrue: N.E.J.] He continues: "We made a few very minor changes to change the charactor of the village from one that is planned for Bedouin to one for Jews... we are actually going back to discuss a solution for the sewage which was not presented before, and all the changes that we discussed among ourselves before the meeting, changing the designated population of the settlement... we are approving the two changes that we are allowed to do, changing the name of the village from Tarabin a-Sana to Mishmar Hanegev Bet, and the solution to the sewage which the Ministry of Health approved... the rope here is, believe me, it isn't simple, is is being stretched too tight... it all depends on us, to formulate the notice, to publish it in the newspaper and to let 30 days pass without any objections. Do we all agree? OK, the motion is passed unanimously. End of quote.
A Parable: "Other Akbakh
min Thanb" When the Regional Planning and Building Committee, headed by the District Supervisor, turned down our request to inhabit the Elarakib village, we had the possibity of appealing to the ministry of the Interior's National Planning and Building Committee's sub-committee. The regional...
Who was brought by the Government to Live in Caravans Placed on Land at Elarakib in the Middle of the Night Efi Etam, Minister of Housing in Sharon's Government, did not bring families that needed a roof over their heads to the site of our village, Elarakib. He did not bring people that did not have a house, homeless people who by right should have a dwelling and their lives became difficult and unacceptable, or are under a constant threat. The Elokbi tribe, citizens of the state of Israel since its inception live in houses which are unsuitable as a person's dwelling, in a state whose leaders claim is the only democratic state in the region. Minister Efi Etam brought a few young couples that you could count on the fingers of both hands. This was done in order to occupy Elarakib and prevent the settlement therein by the Elokbi Tribe. It should be pointed out that all the families of those that were brought to live in the caravans have houses in the settlements and towns throughout Israel such as arad, Lehavim, Jerusalem, Kibbutz Mishmar Hanegev, Tel Aviv etc. We listened to their words and took notice of what they said; We are looking for quality of life, for clean air as well as a little Zionism. We understood the significance of the words which for us mean taking over our land and evicting us from our village at Elarakib, which of course we reject absolutely, the coming generations will not accept the brutal discrimination, hate and evictionl
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Expert Opinions JUSTICE FOR THE ELOKBI TRIBE Dr. Yitzhak (Yani)Navo, a Lecturer at the Ben-Durion University at Beersheva and a member of "Forum for Co-existence in the Negev" Over 50 years ago the Elokbi Tribe was deceitfully and forcibly expelled from their village at Elarakib. At the time the reason given by the Military Authorities for the expulsionh was that the army needed the site and it would only be for a few months..... l
Bilha Berg, Director of Clinic for human rights, faculty of law, H.U.J. Nuri Elokbi contacted me at the end of the year 2002 while I was directing the clinical education program of the Hebrew University Law School in Jerusalem, and told me about the uprooting of his tribe, the Elokbi, from their land. This was after 50 years that the Elokbi tribe, exiled from their land, was still living in conditions of decrepiit abandonment, with garbage lying between their makeshift homes, without any infrastructure or minimal services. Even though they were moved to where they now live by the state of Israel, their town did not receive official recognition by the state, and thus its inhabitants could not build their homes
LACK OF EQUALITY Nili Baruch, City Planner, "Bimkom" - planners for Planning Rights. Israel is characterized not ony by progress and development but also by systemic discrimination, neglect and distress. Planning policy and execution is one of the causes of this discrepancy. The manner in which land resources are distributed, the planning policy which is applied to them, and the nature of the planning (or lack of it) largely determine the great variance in living conditions and unequal opportunities received by the different populations and communities. Planners and architects established Bimkom - Planners for Planning Rights in order to strengthen the connection between human rights and the planning system in Israel. ...
[See
the article in Ha-aretz on June 1, 2012 |
Nuri al-Ukbi : We ask the court to redress the injustice of our 1951 expulsion
Att. Michael Sfard : We will challenge legal doctrine used to dispossess Bedouin
Press Release June 1, 2014 Nuri al-Ukbi , a veteran Bedouin rights campaigner who is one of the appellants, said : "In 1951, members of my tribe were expelled from their village and lands in Al Araqib , and deported by force to Hora, about twenty kilometers to the east, close to the then border with Jordan. The authorities in the State of Israel used methods of intimidation and fraud in order to justify the criminal deportation of civilians from their homes and lands." Documents and written history prove that Araqib was a place of residence and cultivated land of the al-Ukbi Tribe for generations , ever since the days of the Ottoman Empire , and they still lived there during the first four years after the establishment of Israel. As a citizen of Israel, Sheikh Suleiman Muhammad al-Ukbi voted in the first elections to the Israeli Knesset (Parliament) in 1949 , the ballot box being placed at his residence in El Araqib. The same residence served every Monday and Thursday as the venue for a Tribal Court, acting under authorization of the State of Israel and sitting with it National Flag and State Emblem displayed. Then, the state suddenly turned on its Bedouin citizens and violated their basic rights, solely because of their ethnicity, and in 1951 expelled them mercilessly from their land. We have appealed to the Be'er Sheva District Court, seeking justice - and were rejected. We hope that the Supreme Court will now redress this long-lasting injustice.” Attorney Michael Sfard, who represents the appellants , said : " For the first time was joined together a team of experts on Geography , Judicial History and International Law to challenge the legal doctrine by which the State of Israel for decades dispossessed the Negev Bedouin and denied their land rights.
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The appellants seek to overturn a precedent
set in the early 1980’s, under which the determination regarding
Bedouin rights is made by examining the Negev situation in the Nineteenth
Century and relying extensively on travelogues published by European
missionaries, who asserted that at that time there were no fixed Bedouin
abodes and that the Bedouins maintained no agriculture in the Negev.
These were momentary and superficial guests from another continent
,who judged what was and was not “an agricultural settlement”
by European standards. They failed to notice that the people which
they saw were living on the land, maintaining agriculture under the
harsh conditions of an arid region and with endless struggle making
use of every drop of water available to them. A central argument brought by the appellants is that the state practices a blatant double standard: On the one hand, it does not recognize Bedouin land ownership in the Negev; on the other, it does recognize the land deeds in transactions when Zionist organizations bought Bedouin land at Ottoman British Mandatory times. At the time, naturally, Zionist bodies such as the JNF and Hachsharat Ha’Yishuv did recognize the rights of the Bedouin sellers over the land, and paid an appropriate price for their land. Importance of the deliberations goes beyond the specific question of ownership in the lands of Araqib Village, which in recent years has become a symbol . Success of the appellants can also affect hundreds of other land disputes between the state and the Bedouin, and might even impact the status of the government’s 'Prawer Plan', which assumes that the Bedouin of the Negev have no land ownership rights. Contact:Nuri al-Ukbi : +972-(0)54-5465556 |
June 4, 2014
here it is, there
seems to be hope --- renata Israeli Supreme Court offers a conciliation process to achieve a fair solution on Bedouin lands case; state must answer in two weeks whether it agrees to conciliation on Araqib lands
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From "On
the Left Side"
June 13, 2014 from "T'ruah, TheRabbinical Call for Human rights",
Biweekly News |
Lass dir alles geschehn,
Schoenheit und Schrecken. Rainer Maria Rilke, aus "Gott spricht zu jedem ehe er in macht" |
Let everything happen to
you, beauty and horror. Rainer Maria Rilke, from "God talks to each
one before he makes him" |
2009
"You'll never get it done, and you cannot get it wrong" a quote from Abraham/Hicks The fulfillment of my last sculpted "Daily Desire": My 5 day journey with Cornelia Maas and her son Ben-Chorin into "Bedouin-Land" December 25 - December 30, 2009
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A little further east we find a big sign "Tamrur Cliff" - for hikers
We reach an observation point and get off to admire
the fantastic view into the Zohar Wadi,
I told her, that the day before, when I ordered a
taxi to fetch us from my children's neighborhood at Shoham,
Yahia told us, that he had once stood guard at a
water-pumping station in the Zohar Wadi.
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Continuation of photos
in BEDOUIN SELF-DETERMINATION
Nuri El-Okbi's Testimony in Arabic and in Hebrew~Page 1 |